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M.K.MUKHERJEE, K.T.THOMAS
State Rep. By C. B. I. – Appellant
Versus
Anil Sharma – Respondent


JUDGMENT

Thomas J. -Leave granted.

2. This appeal is by the Central Bureau of Investigation ('CBI' for short) assailing the pre-arrest order granted by the High Court of Himachal Pradesh in favour of the respondent under Section 438 of the Code of Criminal Procedure. Respondent was a former Minister of the Himachal Pradesh State Government and he held the office for about three years. Besides that, he is a Member of the Legislative Assembly of that State also. His father (Sukhram) was Union Minister for Telecommunications. CBI has been investigating a case against respondent for offence under Section 13(2) of the Prevention of Corruption Act, 1988 with the allegation that respondent had amassed wealth far in excess of his known sources of income. While the investigation was in progress respondent approached the High Court of Himachal Pradesh for an order of anticipatory bail. Over-ruling all the objections raised by the CBI, a learned Single Judge of the High Court granted the order subject to the conditions that respondent shall not go abroad without prior permission of the Court, and shall surrender his passport to the CBI etc.

3. Accusations made against respondent, as at presen

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